Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2238
Posts / Week:6
Archived Since:March 17, 2008

Blog Post Archive

WIPIP, part 2, Session 3 Trademark

2 months agoIndustries / Law : 43(B)log

Session 3, Trademark Leah Chan Grinvald, Constructive Consent Courts adopt as evidence of fame the number of users = strength = fame. Example: the number of Flipboard users accepted by a court in October. But that also is read to include shortened forms like the stylized F Flipboard uses. Show More Summary

WIPIP, Part 2, Session 2, Trademark

2 months agoIndustries / Law : 43(B)log

Glynn Lunney, Inefficient Trademark Law Older TM lawyer would be surprised at breadth: inherently distinctive marks were the only marks, and double identity was essentially the rule. Today: looks very different. What will it look like...Show More Summary

WIPIP, part 2: Copyright

2 months agoIndustries / Law : 43(B)log

Session 1, Copyright Jim Gibson [with Chris Cotropia]: Random sample of copyright cases filed 20080-2011, coded 957 cases for parties, claims, remedies requested, final adjudication. The filesharing cases and PRO cases (music) tell the expected IP story. Show More Summary

WIPIP Session 4, Cross-IP

2 months agoIndustries / Law : 43(B)log

Mark Lemley (& Mark McKenna), Scope Midnight in the Garden of Good & Evil copyright infringement case. Court rejects invalidity claim: the photo has some creative elements. So it has to go to a jury on infringement. But we don’t tell...Show More Summary

WIPIP Session 3: Copyright

3 months agoIndustries / Law : 43(B)log

Session 3, Copyright Abraham Bell (& Gideon Parchomovsky), Copyright Trust Incentives to create: if we recognize too few owners, then we haven’t incentivized them enough. If we have too many owners, we disturb the efficiency of use.Show More Summary

WIPIP Session 2: Trademark

3 months agoIndustries / Law : 43(B)log

Jeremy Sheff, The Ragged Edge of the Lanham Act Similar to Tushnet project; will focus on question about Lanham Act’s structuring of interface between PTO and federal courts. Registrability v. enforceability: incontestability; §2(a) bars versus the common law—some of the bars have no analogue at common law. Show More Summary

WIPIP session 1: Trademark

3 months agoIndustries / Law : 43(B)log

WIPIP Session 1: TM Deborah Gerhardt (& Jon McClanahan), Colors 20 years of Qualitex: who is registering color? How do marketing folks view color? People remember color images more accurately/longer than B&W; color cues amplify legibility...Show More Summary

IP question of the day, Harper Lee edition

3 months agoIndustries / Law : 43(B)log

Amazon's Write On is its project challenging Wattpad, trying to develop writers--including fan writers. Participants aren't compensated, but this is a commercial endeavor on Amazon's part and presumably it will try to transition the successful ones to paid publishing. Show More Summary

New article: images and the right of publicity

3 months agoIndustries / Law : 43(B)log

Rebecca Tushnet, A Mask that Eats into the Face: Images and the Right of Publicity (38 Columbia J.L. & Arts, forthcoming 2015) Abstract: In their eagerness to reward celebrities for the power of their “images,” and to prevent other people from exploiting those images, courts have allowed the right of publicity to distort the First Amendment. Show More Summary

Reading list: Craswell on sports team nicknames

3 months agoIndustries / Law : 43(B)log

Richard Craswell, When Nicknames Were Crowd-Sourced ~ OR ~ How to Change a Team’s Nickname Craswell is an excellent writer with an engaging topic even for a non-sports fan like me. Treat yourself to this short monograph. Excerpt: Here...Show More Summary

230 defeats false advertising claim against search engines

3 months agoIndustries / Law : 43(B)log

Baldino’s Lock & Key Service, Inc. v. Google, Inc., No. 1:14-cv-00636 (E.D. Va. Jan. 27, 2015) Defendants Yellowbook and Ziplocal provide online search engines for businesses, allowing search by type of service and geographic area. Baldino’s...Show More Summary

Pom squad at the DC Circuit

3 months agoIndustries / Law : 43(B)log

POM Wonderful, LLC v. Federal Trade Comm’n, No. 13-1060 (D.C. Cir. Jan. 30, 2015) POM ran ads from 2003 to 2010 touting medical studies that supposedly showed that daily consumption of POM products could “treat, prevent, or reduce the...Show More Summary

Laches bars Fitbug's TM claim against Fitbit

3 months agoIndustries / Law : 43(B)log

Fitbug Ltd. v. Fitbit, Inc., 2015 WL 350923, No. 13-1418 (N.D. Cal. Jan. 26, 2015) Fitbit and Fitbug both make wearable electronic fitness tracking devices that connect to the internet and to other devices. They both have federal registrations. Show More Summary

Dastar doesn't bar true reverse passing off claim

3 months agoIndustries / Law : 43(B)log

Luxul Technology Inc. v. NectarLux, LLC, --- F.Supp.3d ----, 2015 WL 352048, No. 14-CV-03656 (N.D. Cal. Jan. 26, 2015) Luxul makes LED products. Its patented EazyLux LED tube lamps can replace fluorescent tube lamps without rewiring....Show More Summary

failure to conform exclusion precludes insurance coverage of false advertising

3 months agoIndustries / Law : 43(B)log

General Star Indem. Co. v. Driven Sports, Inc., --- F.Supp.3d ----, 2015 WL 307017, No. 14–CV–3579 (E.D.N.Y. Jan. 23, 2015) General Star issued an insurance policy to Driven, which sold a “pre-workout energy supplement” called “Craze.”...Show More Summary

Trademark overreach of the day: ICE says "Yankees Suck" infringes

3 months agoIndustries / Law : 43(B)log

Your tax dollars at work, protecting America from infringing merchandise: I don't have much brief for protecting counterfeits, but I find it hard to believe this is the best use of public resources: "Gross misspellings of superstars’ names are one of the things that give away the dubious duds. Show More Summary

Dastar-barred claim survives both as false advertising and false designation

3 months agoIndustries / Law : 43(B)log

Advanced Fluid Systems, Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Pa. 2014) AFS sued Huber for violations of the Lanham Act, the CFAA, the Pennsylvania Uniform Trade Secrets Act, and various common law claims. AFS designs and installs hydraulic systems used to move heavy machinery for complex operations. Show More Summary

DC rejects POM's FTC challenge

3 months agoIndustries / Law : 43(B)log

Via the Consumer Law & Policy Blog. I must digest both lunch and this ruling, but I will definitely have more to say soon. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

false advertising claim based on "innovative/unique" survives

3 months agoIndustries / Law : 43(B)log

Ferris Mfg. Corp. v. Carr, No. 14 C 04663, 2015 WL 279355 (N.D. Ill. Jan. 21, 2015) Ferris sued Roy Carr and Curaline. Ferris makes various wound care products, allegedly award-winning and covered by several patents. Carr was formerly a high-level Ferris employee, even a co-inventor on various Ferris patents related to wound dressings. Show More Summary

consumer survey on patent value admissible despite serious flaws

3 months agoIndustries / Law : 43(B)log

Sentius Int’l, LLC v. Microsoft Corp., No. 5:13-cv-00825, 2015 WL 331939 (N.D. Cal. Jan. 23, 2015) (magistrate judge) A little different today: this is a survey in a patent case trying to determine the value of a patented feature to consumers. Show More Summary

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